1-,Limitations of Liability
Company and its partners, parents, subsidiaries, employees, agents, attorneys, officers, and affiliated entities and all successors and assigns of any of them (“Releasees”) are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the rules or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or problem with any items obtained through redemption of points, Releasees shall not have any liability to you or any third party. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE PROGRAM, OR MERCHANDISE OBTAINED BY REDEMPTION OF POINTS EARNED IN THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF COMPANY IMPROPERLY DENIES YOU ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF THE POINTS OR One Hundred Dollars ($100.00), WHICHEVER IS LESS. BY PARTICIPATING IN THE PROGRAM, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS BEYOND NINETY (90) DAYS AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
THE WEBSITE OF THE PROGRAM, THE MATERIALS ON IT, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH IT ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, ATTORNEYS, SUBSIDIARIES, PARTNERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE AS IT RELATES TO THE PROGRAM. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you and may not apply to certain products. DSNYC AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OF THE PROGRAM WILL BE UNINTERRUPTED, ERROR–FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL
Points are not your property and may be revoked by Company at any time as set forth herein. Points may not be sold, transferred or assigned, as part of a domestic relations matter or otherwise by operation of law, and are not transferable upon death.
Your member information will not be sold or rented to any company outside of Company and its affiliated companies.
All questions or disputes regarding eligibility for the Program, earning or redemption of points, or your compliance with these Terms and Conditions will be resolved by Company in its sole discretion.
These Terms and Conditions constitute the entire agreement between Company and you. They supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written related to the subject matter herein. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall a waiver constitute a continuing waiver unless otherwise expressly provided.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
If your earning or redemption of points is subject to income or other taxes, you are solely responsible for payment of such taxes.
Except as otherwise provided, the Program is only open to individual participants and not corporations or businesses. Pooling of points or using another individual’s account is considered fraudulent and may result in the loss of all points.
Each Member is responsible for remaining knowledgeable as to these Terms and Conditions and as to the number of points in his or her account.
Notices to you may be made via either email or regular mail to any address in a your account profile or other information that you have provided to Company in connection with the Program. You also may be notified of changes to these Terms and Conditions or other matters onwww.Farouk.com .
The waiver by either party of a breach, default, or right in any of the provisions of these Terms and Conditions by the other party shall not be construed as a waiver of any succeeding breach, default, or right of the same or other provisions.
The headings and captions contained in this Agreement are for reference purposes only and are not intended to affect the meaning or interpretation of this Agreement.